Feb y 1809

Jury

(6)

If the production of perjury by torture

be necessary to English, at any rate it is not to British

liberties. In Scotland Scotch judication Jury trial, though not at present

applied to civil cases has all along been, and continues

to be applied, and to an extent forming by far the largest portion of that of the field of criminal law to the most important criminal cases.

12 All pretended form of mischief from the of it is proved to be groundless and insincere by its non-existence in Scotch law. In a Scotch Jury, the Jurors are allowed to be unanimous maintain unanimity

as often as they please, but are never forced to be so

. Accordingly when in the report of a Scotch trial the Jurors

are stated as declaring all in one voice, the all in

one voice means something — it means what it professes

to mean: it is known when they are unanimous, and

it is equally known when they are not so: whereas in English

judicature when the unanimity is always nominal and only sometimes real

all that is made known concerning it by the verdict, is

that if there have been any whose opinion was

different from that expressed by the verdict, they have been

so wrought upon by the torture as forced by the torture to disavow it.